Key Point

Where range of prognosis given, should use mid-point, as for future loss claims

Dominic v Martin

HHJ Stewart QC, Manchester CC, 21st July 2011

Under the 2010 Portal protocol there was no specific provision for witness statements, and Lamb v Gregory had not yet been decided. The judge faced with a paper assessment at Stage 3 and no witness statement, decided to award damages on the basis of the lowest end of the range of prognosis given.

The Claimant appealed. On appeal (understood to be the very first Portal appeal) the court held that where a medical report gave a range of prognosis, in the absence of a witness statement, the court should award in the middle of the period, as with future loss cases.

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